Gilberton police chief's court battle may come to Scranton

A Schuylkill County judge will decide whether the hearing of the suspended Gilberton police chief turned YouTube star will move to Scranton.

Now that they know about the proceedings, Lackawanna County Courthouse officials will be ready.

Mark A. Kessler filed a suit to keep the hearing about his employment with the borough from moving to Lackawanna County on Monday. Officials in the Lackawanna County Courthouse found out Tuesday he was scheduled for an appearance later this month after reading an article in The Times-Tribune.

Kessler drew national attention when he posted YouTube videos where he fired borough-owned automatic weapons, cursing and orating about gun control. The borough council voted to suspend him in July and extended the suspension indefinitely in August, citing unauthorized use of borough weapons. A hearing about his future employment on Oct. 10 was discontinued after an audience member dropped a semi-automatic pistol, raising safety concerns.

After attempts to move the hearing to the Schuylkill County Courthouse failed, special counsel from Elliott Greenleaf & Dean requested use of a courtroom in the Lackawanna County Courthouse.

On Tuesday morning after reading the article, Lackawanna County Court officials contacted the newspaper to say no hearing had ever been scheduled in the courthouse and President Judge Thomas Munley was unaware of the pending hearing.

However, Gilberton's attorneys told the newspaper a Lackawanna County courtroom had been reserved both on Dec. 6 and Jan. 24.

After a Times-Tribune reporter then asked Chief Deputy Court Administrator Jeff McLane to check the court calendar on those dates, he confirmed the courtroom was reserved. However, there was no mention of Kessler or Gilberton, McLane said. Under Jan. 24, "special hearing master to use courtroom 3" holds a 10 a.m. slot. On Dec. 6, the original hearing date scheduled, an "administrative agency hearing - police tenure act" note is listed before Schuylkill County special hearing master.

After the discovery of the entry on the court calendar, Munley recalled extending the courtesy, according to McLane, adding that it may not have been clear who would be using the courtroom.

The letter from Gilberton's attorneys requesting use of the courtroom did not name Kessler or the borough of Gilberton.

While the Jan. 24 hearing date remains on Munley's calendar, McLane said that could change depending on the outcome of Kessler's injunction. Schuylkill County Judge Charles Miller is scheduled to rule on the matter on Jan. 20.

"Depending on what Judge Miller does," Munley will review whether to allow the Lackawanna County courtroom to be used Jan. 24, McLane said. One of the attorneys for the borough, Lawrence J. Moran, Jr., of Elliott Greenleaf & Dean, explained that safety at the hearing was a priority.

While it remains unclear whether the hearing will move forward in Lackawanna County, Sheriff Mark McAndrew said the courthouse will be secure.

"If it is going to take place, we'll take the necessary precautions," he said.

rbrown@timesshamrock.com, @rbrownTT

We welcome user discussion on our site, under the following guidelines:

To comment you must first create a profile and sign-in with a verified DISQUS account or social network ID. Sign up here.

Comments in violation of the rules will be denied, and repeat violators will be banned. Please help police the community by flagging offensive comments for our moderators to review. By posting a comment, you agree to our full terms and conditions. Click here to read terms and conditions.